1. Chapter 2 Legal Compliance

2. The Employment Relationship Employer-employee Independent Contractor Temporary Employee

3. Need for Laws and Regulations Balance of Power Protection of Employees Protection of Employers

4. Sources of Laws & Regulations Common Law Constitutional Law Statutory Law Agencies

5. EEO, AA, and Quotas! EEO AA Quotas Proposition 209—11/96-- Ward Connelly

6. Disparate Treatment Deliberate discrimination Inferred from the following situational factors: 1. Person belongs to a protected class 2. The person Applied for, & was qualified for, a job the employer was trying to fill. 3. The qualified person was rejected. 4. The position remained open & the employer continue to seek applicants as qualified as the rejected person.

7. Disparate Impact Disparate impact (adverse impact)- the effect of employment practices (not intent) Types of statistical evidence: Flow statistics, stock statistics, concentration statistics

8. Enforcement: EEOC Initial Charge & Conciliation Litigation Enforcement: OFCCP

9. Title VII of the Civil Rights Act (1964, 1991) Unlawful for employers to discriminate against individuals based on: Race, Color, religion, sex, or national origin Mixed Motives BFOQs Testing

10. Age Discrimination in Employment Act (ADEA)- 1967 Unlawful to discriminate against employees due to age (40 & over). BFOQ Seniority Systems

11. Americans with Disabilities Act (ADA)- 1990 What is a disability? Reasonable accommodations / Undue Hardship Essential Job Functions

12. Rehabilitation Act (1973) Similar to ADA

13. Executive Order 11246 (1965) The federal contractor is prohibited from discrimination on the basis of race, color, religion, sex, & national origin.

14. Family and Medical Leave Act 12 workweeks of leave during a 12-month period for: birth/adoption of a child, care of immediate family member, or serious employee health condition.

15. Pregnancy Discrimination Act of 1978 Employee/ job applicant may not be treated differently from a male because of her pregnancy or capacity to become pregnant.

16. Regulations and Guidelines UGESP, Revised Order No. 4, AA Programs Regulations Employment Regulations for ADA

17. EEO Best Practices S tudy P lan L ead E ncourage N otice D iscussion I nclusion D edication

18. Other Staffing Laws Immigration Reform and Control Act (‘86) Employee Polygraph Protection Act (‘88) Fair Credit Reporting Act (’70) State/ Local Laws Civil Service Laws & Regulations